Turner v. Harvard MedTech of Nevada LLC et al
| Marcus Turner |
| Harvard MedTech of Nevada LLC and Kuldarshan S Padda |
| 2:2022cv01264 |
| August 8, 2022 |
| US District Court for the District of Nevada |
| James C Mahan |
| Brenda Weksler |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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Filing 65
ORDER denying #58 Motion to Stay Discovery. IT IS FURTHER ORDERED that the hearing scheduled for June 21, 2023 is VACATED. Signed by Magistrate Judge Brenda Weksler on 5/22/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 64 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/22/2023. SCHEDULING ORDER denying #55 Discovery Plan and Scheduling Order; SCHEDULING ORDER granting #61 Discovery Plan and Scheduling Order; Re: #55 Discovery Plan and Scheduling Order, #61 The Court has reviewed each partys proposed Discovery Plan and Scheduling Order. The Court adopts the rationale in Defendants proposed Discovery Plan and Scheduling Order and sets deadlines as follows: Discovery deadline will be January 26, 2024; Amended Pleadings/Addition of Parties deadline will be November 3, 2023; Initial Expert Disclosures deadlines will be December 1, 2023; Rebuttal Expert Disclosure Deadlines will be December 29, 2023; Dispositive Motions shall be filed no later than February 23, 2024; Pretrial Order will be due March 22, 2024 or 30 days after the decision on any dispositive motions. Defendants proposed Discovery Plan and Scheduling Order at ECF No. 61 is GRANTED and Plaintiffs proposed Discovery Plan and Scheduling Order at ECF No. 55 is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 63 REPLY to Response to #58 Motion to Stay Case or Discovery by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Padda, Paul) |
| Filing 62 RESPONSE to #58 Motion to Stay Case or Discovery by Plaintiff Marcus Turner. Replies due by 5/16/2023. (Braster, Jennifer) |
| Filing 61 Proposed Discovery Plan and Scheduling Order re 56 Minute Order,, by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda.. (Padda, Paul) |
| Filing 60 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 4/26/2023. Regarding ECF No. #58 Defendants' Motion to Stay Discovery: Motion hearing is set for 6/21/2023 at 10:00 a.m. in a Las Vegas courtroom to be determined before Magistrate Judge Brenda Weksler. If counsel wishes to appear remotely, they are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov.(no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 59 DECLARATION of Paul S. Padda re #58 Motion to Stay Case or Discovery by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda.. (Padda, Paul) |
| Filing 58 MOTION to Stay Discovery by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 5/9/2023. (Padda, Paul) |
| Filing 57 REPLY to Response to #49 Motion to Dismiss by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Padda, Paul) |
| Filing 56 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 4/25/2023. Plaintiff unilaterally filed an Amended Discovery Plan and Scheduling Order #55 on April 24, 2023. Defendants are hereby ordered to file a proposed Discovery Plan and Scheduling Order that indicates where it differs from Plaintiff's proposal within seven (7) days of the entry of this order. The Court may then set a hearing. (no image attached) (Copies have been distributed pursuant to the NEF - BXS) |
| Filing 55 Amended Proposed Discovery Plan and Scheduling Order re #52 Order on Stipulation,,,,,, Set/Reset Deadlines & Hearings, #53 Order,, by Plaintiff Marcus Turner.. (Braster, Jennifer) |
| Filing 54 RESPONSE to #49 Motion to Dismiss by Plaintiff Marcus Turner. Replies due by 4/28/2023. (Braster, Jennifer) |
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Filing 53
ORDER. IT IS ORDERED that #51 is GRANTED in part and DENIED in part without prejudice. It is granted to the extent that the deadline to file the proposed discovery plan and scheduling order shall be 04/24/2023. It is denied without prejudice to the extent the parties seek an extension of the briefing schedule on the motion to dismiss, as this must be filed as a separate stipulation. See LR IC 2-2(b) Signed by Magistrate Judge Brenda Weksler on 4/7/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Filing 52
ORDER Granting #50 Stipulation for extension of time to file Response and Reply to #49 Motion to Dismiss. Responses due by 4/21/2023. Discovery Plan/Scheduling Order due by 4/24/2023. Replies due by 5/12/2023. Signed by Judge James C. Mahan on 4/7/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 51 STIPULATION FOR EXTENSION OF TIME (Second Request) to File Proposed Amended Discovery Plan and Scheduling Order re #44 Order on Stipulation,,, by Plaintiff Marcus Turner. (Braster, Jennifer) (extend) (discovery) |
| Filing 50 STIPULATION FOR EXTENSION OF TIME (First Request) for Plaintiff to File Opposition re #49 Motion to Dismiss by Plaintiff Marcus Turner. (Braster, Jennifer) (extend) (sumjgm) |
| Filing 49 First MOTION to Dismiss #47 Amended Complaint by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 4/7/2023. (Padda, Paul) |
| Filing 48 Mail Returned as Undeliverable addressed to T. Wade Jefferies. (LOE) |
| Filing 47 Second AMENDED COMPLAINT against All Defendants by Marcus Turner. No changes to parties. (Braster, Jennifer) |
| Filing 46 Mail Returned as Undeliverable re #41 Order on Stipulation addressed to T. Wade Jefferies, The Law Firm of T. Wade Jefferies. Envelope marked: "Return to Sender; Unable to Forward." (YAW) |
| Filing 45 Mail Returned as Undeliverable re #39 order, addressed to T. Wade Jefferies. (LOE) |
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Filing 44
ORDER Granting #43 Stipulation to extend time to file proposed amended Discovery Plan and Scheduling Order. Discovery Plan/Scheduling Order due by 4/10/2023. Signed by Magistrate Judge Brenda Weksler on 2/24/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 43 Joint STIPULATION FOR EXTENSION OF TIME (First Request) to File Proposed Amended Discovery Plan and Scheduling Order re 42 Order on Motion to Stay Case,,,,,, Order on Motion to Extend/Shorten Time,,,,,, Minute Order,,,,, by Plaintiff Marcus Turner. (Braster, Jennifer) (extend) (discovery) |
| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 2/10/2023. Pending before the Court are two motions filed by Defendants. First, Defendants seek to stay discovery pending a decision on their motion to dismiss. ECF No. 32. Second, Defendants seek a 180-day extension of the discovery deadlines. ECF No. 34. The Court recently granted an extension of time to file replies in support of these motions but does not need to review them to rule on the motions. Because the district judge recently ruled on Defendants' motion to dismiss (ECF No. 39), IT IS ORDERED that Defendants' motion to stay discovery (ECF No. 32) is DENIED as moot. Because the Court does not find good cause for the lengthy discovery extension Defendants seek, IT IS FURTHER ORDERED that ECF No. 34 is DENIED without prejudice. IT IS FURTHER ORDERED that the parties must meet and confer regarding an appropriate discovery schedule given the district judge's recent order and the posture of this case. IT IS FURTHER ORDERED that the parties must file an amended proposed discovery plan and scheduling order by 2/24/2023. IT IS FURTHER ORDERED that the hearing scheduled for 2/16/2023 is VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - EmG) |
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Filing 41
ORDER Granting #40 Stipulation for extension of time to file replies to #32 Motion to Stay and #34 Motion to Extend/Shorten Time. Replies due by 2/10/2023. Signed by Magistrate Judge Brenda Weksler on 2/10/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 40 First STIPULATION FOR EXTENSION OF TIME (First Request) To File Reply Briefs by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Padda, Paul) (extend) (nondispositive) |
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Filing 39
ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendants' motion to dismiss #18 be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that defendants' first, third, fourth, and fifth claims in first amended complaint #17 be, and the same hereby are, DISMISSED, without prejudice. Defendants' second claim is dismissed, with prejudice. IT IS FURTHER ORDERED that defendants' initial motion to dismiss #16 , be, and the same hereby DENIED, as moot. IT IS FURTHER ORDERED that plaintiff shall have thirty days to file a second amended complaint. Signed by Judge James C. Mahan on 2/8/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 38 RESPONSE to #34 Motion to Extend/Shorten Time, by Plaintiff Marcus Turner. Replies due by 2/6/2023. (Braster, Jennifer) |
| Filing 37 Mail Returned as Undeliverable addressed to T. Wade Jefferies. (LOE) |
| Filing 36 RESPONSE to #32 Motion to Stay Case or Discovery by Plaintiff Marcus Turner. Replies due by 1/27/2023. (Attachments: #1 Declaration of Jennifer L. Braster, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Braster, Jennifer) |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 1/17/2023. Regarding ECF No. #34 Defendants' Motion to Extend Discovery Deadlines: Motion hearing is set for 2/16/2023 at 10:00 a.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 34 First MOTION to Extend Time (First Request) Regarding All Discovery Deadlines re #24 Order on Discovery Plan and Scheduling Order, by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 1/30/2023. (Attachments: #1 Appendix)(Padda, Paul) (discovery) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 1/9/2023. Regarding ECF No. #32 Defendants' Second Motion to Stay Discovery: Motion hearing is set for 2/16/2023 at 10:00 a.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 32 Second MOTION to Stay Discovery re 30 Order on Motion to Stay Case,,, Minute Order,, by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 1/20/2023. (Padda, Paul) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/28/2022. IT IS ORDERED that ECF No. #29 Defendants' Motion to Withdraw T. Wade Jefferies as Counsel is DENIED without prejudice for failure to comply with LR IA 11-6(b). (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/28/2022. IT IS ORDERED that ECF No. #28 Defendants' Motion to Stay Discovery is DENIED without prejudice. The parties are to meet and confer about Defendants' motion. If the parties cannot reach an agreement, Defendants may refile their motion with a meet-and-confer certification consistent with the Local Rules. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 29 MOTION to Withdraw as Attorney by T. Wade Jefferies for Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 12/8/2022. (Padda, Paul) |
| Filing 28 MOTION to Stay Discovery re #24 Order on Discovery Plan and Scheduling Order, by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 12/8/2022. (Padda, Paul) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 11/23/2022. The Court has received notice that mail issued to T. Wade Jefferies was undeliverable. ECF No. 26. IT IS THEREFORE ORDERED that Paul Padda is kindly directed to have co-counsel Mr. Jefferies update his address with the Court. (no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 26 Mail Returned as Undeliverable addressed to The Law Firm of T. Wade Jefferies. (LOE) |
| Filing 25 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (LOE) |
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Filing 24
ORDER Granting #21 Discovery Plan and Scheduling Order. Discovery due by 3/20/2023. Motions due by 4/19/2023. Proposed Joint Pretrial Order due by 5/19/2023. Signed by Magistrate Judge Brenda Weksler on 11/7/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 23 REPLY to Response to #18 Motion to Dismiss by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Padda, Paul) |
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Filing 22
ORDER Granting #20 Stipulation for Extension of Time (First Request) to File a Reply to the #19 Response to the #18 Motion to Dismiss. Replies due by 11/7/2022. Signed by Judge James C. Mahan on 11/4/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 21 Stipulated Discovery Plan and Scheduling Order by Plaintiff Marcus Turner.. (Braster, Jennifer) |
| Filing 20 STIPULATION FOR EXTENSION OF TIME (First Request) to File a Reply to the #19 Response to the #18 Motion, by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Padda, Paul) (extend) (sumjgm) Modified on 11/4/2022 to relink document to Motion (SLD). |
| Filing 19 RESPONSE to #18 Motion to Dismiss by Plaintiff Marcus Turner. Replies due by 11/3/2022. (Braster, Jennifer) |
| Filing 18 MOTION to Dismiss #17 Amended Complaint by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 10/27/2022. (Padda, Paul) |
| Filing 17 First AMENDED COMPLAINT against All Defendants by Marcus Turner. No changes to parties. (Braster, Jennifer) |
| Filing 16 First MOTION to Dismiss by Defendants Harvard MedTech of Nevada LLC, Kuldarshan S Padda. Responses due by 10/5/2022. (Padda, Paul) |
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Filing 15
ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Alexius Miller and approving Designation of Local Counsel as to Jennifer L. Braster. Signed by Judge James C. Mahan on 9/16/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alexius Miller and DESIGNATION of Local Counsel Jennifer Braster (Filing fee $ 250 receipt number ANVDC-7050394) by Plaintiff Marcus Turner. (Braster, Jennifer) |
| Filing 13 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Jennifer Brown Trillsch, Alexius Miller, T. Wade Jefferies to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 8/23/2022. (no image attached) (HAM) |
| Filing 12 Case transferred in from District of Texas Western; Case Number 1:22-cv-00083. Original file with transfer order and docket sheet received. |
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Filing 11
ORDER GRANTING IN PART AND DENYING IN PART Motion to Dismiss for Lack of Personal Jurisdiction, MOOTING Motion to Dismiss for Improper Venue, and TRANSFERRING Case to district of Nevada. Signed by Judge David A. Ezra. (jv2) [Transferred from Texas Western on 8/8/2022.]
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| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (HAM) |
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Filing 10
ORDER that this case is TRANSFERRED to Judge David A. Ezra for all proceedings. Judge Robert Pitman no longer assigned to case. Signed by Judge Robert Pitman. (jv2) [Transferred from Texas Western on 8/8/2022.]
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| Filing 9 REPLY to Response to Motion, filed by Harvard MedTech of Nevada LLC, Kuldarshan S Padda, re #5 MOTION to Dismiss for Lack of Jurisdiction or, subject thereto, for Improper Venue filed by Defendant Harvard MedTech of Nevada LLC, Defendant Kuldarshan S Padda (Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
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Text Order GRANTING #8 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall file their reply on or before March 18, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc) [Transferred from Texas Western on 8/8/2022.]
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 Response in Opposition to Motion, #5 MOTION to Dismiss for Lack of Jurisdiction or, subject thereto, for Improper Venue by Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Attachments: #1 Proposed Order)(Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
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Text Order GRANTING #6 Motion to Appear Pro Hac Vice by attorney Paul S. Padda. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) [Transferred from Texas Western on 8/8/2022.]
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| Filing 7 Response in Opposition to Motion, filed by Marcus Turner, re #5 MOTION to Dismiss for Lack of Jurisdiction or, subject thereto, for Improper Venue filed by Defendant Harvard MedTech of Nevada LLC, Defendant Kuldarshan S Padda (Attachments: #1 Declaration of A. Miller w Ex. A, #2 Declaration of M. Turner)(Trillsch, Jennifer) [Transferred from Texas Western on 8/8/2022.] |
| Filing 6 MOTION to Appear Pro Hac Vice by T. Wade Jefferies for Paul S. Padda ( Filing fee $ 100 receipt number 0542-15789310) by on behalf of Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Attachments: #1 Proposed Order)(Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction or, subject thereto, for Improper Venue or, in the Alternative, for Transfer to the District of Nevada by Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Attachments: #1 Exhibit Declaration of Kuldarshan S. Padda)(Jefferies, T.) Modified on 8/8/2022 (jv2). [Transferred from Texas Western on 8/8/2022.] |
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Text Order GRANTING #4 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants' shall answer or otherwise respond to the Complaint on or before February 22, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc) [Transferred from Texas Western on 8/8/2022.]
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| Set/Reset Deadlines: Harvard MedTech of Nevada LLC answer due 2/22/2022; Kuldarshan S Padda answer due 2/22/2022. (jv2) [Transferred from Texas Western on 8/8/2022.] |
| Filing 4 Unopposed MOTION for Extension of Time to File Answer by Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Attachments: #1 Proposed Order)(Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
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Filing 3
ORDER that the removing party, if it has not already done so, shall within ten (10) days from the date of this order supplement the record with state court pleadings. Signed by Judge Robert Pitman. (dl) [Transferred from Texas Western on 8/8/2022.]
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| Filing 2 SUPPLEMENT to JS 44 Civil Cover Sheet by Harvard MedTech of Nevada LLC, Kuldarshan S Padda. (Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) [Transferred from Texas Western on 8/8/2022.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell. (dl) [Transferred from Texas Western on 8/8/2022.] |
| DEMAND for Trial by Jury by Marcus Turner. (dl) [Transferred from Texas Western on 8/8/2022.] |
| Filing 1 NOTICE OF REMOVAL by Kuldarshan S Padda, Harvard MedTech of Nevada LLC (Filing fee $402 receipt number 0542-15665934), filed by Kuldarshan S Padda, Harvard MedTech of Nevada LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet)(Jefferies, T.) [Transferred from Texas Western on 8/8/2022.] |
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